There is no justification to
switch over to the presidential system as parliamentary
democracy, which forms the bedrock of the Indian
Constitution, is functioning very well and need not be
tinkered with,' says member of the Constitution Review
Committee, Justice K Punnaiah.

"Before thinking about alternative systems, the
government must declare that parliamentary democracy
has failed. But so far nobody has said the system has
failed and there is no reason why we should talk about
changing the fundamental structure of the
Constitution."

After serving as legislator from his home
district of Srikakulam for three terms from 1955,
Justice Punnaiah quit politics to join the judicial service and
became a district judge in 1964. He left a political career as a Congress legislator because
he found the political culture suffocating and
incompatible and was the first judge in the state from the scheduled caste community. He was later elevated to the high court bench. The now retired judge served in the Andhra Pradesh high court from 1974 to 1985.

Concurring with President K R Narayanan's view
that the Constitution has not failed but the leaders
have, Justice Punnaiah, who is presently the chairman
of the Andhra Pradesh SC, ST Commission, observed that
parliamentary democracy was best suited for India
and the system was functioning well in all the states.

"The authors of our Constitution had considered this
aspect thoroughly and concluded that the country's
interests are best served by parliamentary democracy,"
he added.

Declaring social justice as his 'pet subject,'
Justice Punnaiah -- who made pioneering contributions in the
field of education and was chairman of a high
powered committee on higher education constituted by
the P V Narasimha Rao government in 1994 -- favoured
the inclusion of the right to work and livelihood
among the fundamental rights to make Article 21 "more
effective and meaningful."

"Both the provisions are
now part of Directive Principles and they must be
included among fundamental rights." This
means the government's actions will be open to
judicial review and people can move the court in case
of any deficiency on the part of the government.

Justice Punnaiah is of the view that fundamental rights should be expanded in
the light of the experiences and demands of the people in the last fifty years. Opposed to giving representation to politicians in the Constitution Review Panel, the justice said the Directive Principles of the Constitution can satisfy 'all ideologies.'

Asked about the fears in some political quarters about the
'hidden agenda' of the Bharatiya Janata Party-led coalition behind the
Constitution review exercise, he pointed out that the
chairman of the Committee, Justice M N Venkatachalaiah, had
given his consent only after an assurance from the
government that the fundamental structure of the
Constitution would not be changed.

"If parliamentary democracy does not constitute the basic structure of
the Constitution, what else can?" asked Justice Punnaiah.
Though the government was yet to frame the terms of
reference for the committee, he indicated that the issues pertaining to
Article 356 dealing with the imposition of President's
rule in states, Centre-state relations and
Anti-Defection Act could be among the constitutional
provisions that might come up for review.

Welcoming the inclusion of Justice R S Sarkaria -- who headed
the commission that went into the entire gamut of
Centre-state relations and made far-reaching
recommendations -- in the panel, he hoped that the
crucial issue of powers for the states would be
addressed more effectively.

"There is a consensus
among the states on the need for fiscal autonomy for
them and true decentralisation of powers. I am happy and honoured for being on the review
panel. It is also an honour for AP and Dalits," the elated judge said.

He said the first sitting of the 11-member
committee would be held within a fortnight, but declined to identify the gray areas in the
Constitution that might come up for scrutiny.

Justice Punnaiah, who had quit studies to take a plunge into
the freedom movement, deplored that it was due to the
failure of the implementing authorities that the
country was facing a plethora of social problems
including atrocities on dalits. "Our acts are very
stringent. But the people who are responsible to
implement them are callous in their attitude," he
lamented.

Quoting from the provisions of the Protection of Civil
Rights Act and Prevention of the SC ST Atrocities Act,
Justice Punnaiah -- who as a practicing lawyer had endeared
himself to the people of Srikakulam district during
the 1950s by providing free legal aid to the
underprivileged sections -- remarked that despite
the existence of deterrent acts, the violence against
dalits was on the rise.

Inspired by the message of Mahatma Gandhi, he
had joined the Quit India movement in 1942. After
Independence, he resumed his academic
career and completed a degree in law.

After a brief
stint as a lawyer in Srikakulam district court during
1952-53, he took to politics and was first
elected to the state assembly in 1955 from
the Cheepurupally constituency in Srikakulam district. He
has also served as vice-president of the Srikakulam Zilla
Parishad in 1958 and was elected to the assembly
unopposed in 1962.

"As I could not fit into political
culture, I quit from assembly preferring a judicial
career."

His politician daughter, K Pratibha Bharathi, is the speaker
of the Andhra Pradesh assembly, the first woman in the state to occupy
the coveted post.